All of the governments that mankind has
instituted in the history of the world can be divided into two categories.
Any and every state can be categorized into either rule of law governments
or rule of men governments. History has proven that any nation founded upon
the shifting sands of the whim of men will always degenerate into oligarchy
and tyranny. However, a nation of virtuous, educated people, which is founded
upon and holds to the bedrock of a rule of law system will maintain prosperity
and freedom despite the natural occurrences and challenges of history. This
elementary yet strikingly relevant dichotomy is misunderstood by many Americans.
And, this misunderstanding is one of the many reasons why our nation has
been mistakenly led away from a rule of law system toward something that
was not intended by our Founding Fathers.

First, it is important to define the two
systems. A governmental system ruled by men is any system in which fallen
man directs the course of the nation. This includes not only dictatorships
and oligarchies where one man or a select few call all of the shots, but
also democracies where majority opinion rules without any restraints or
protections for minority opinion and individual liberty. According to our
Founding Fathers, democracies were as dangerous as any form of government.
Benjamin Franklin defined democracy as “three wolves and a lamb voting
on what to have for lunch,” and explained that true liberty is “a
well-armed lamb contesting the vote.” In sum, any rule of man system,
whether mob rule or rule by the elites, is destined for failure. Liberty
and property will not be protected under such systems, and the nation will
ultimately suffer under tyranny.

A rule of law system is quite the opposite.
In a rule of law system, the nation possesses a set of guidelines usually
in a constitution, which sets the terms for governing. Only according to
those blueprints for governing, then, can any men write and execute additional
laws. The constitution is the law of the land, and everything else must
be measured up against it. A constitutional republic is such a form of government.
The constitution is written to assign tasks to the various branches of government
and to assure the God-granted liberty and property rights of every citizen.
Then, representatives of the people govern according to the constitutional
limits of power with a constant concern for individual liberty and constitutional
integrity.

Unfortunately, many Americans have become
confused regarding these two drastically different systems for governing.
Americans have been taught in school, by the media and by politicians that
democracy is good, and that the more democracy we have, the better. This
mistaken view is not simply a semantic error, as some might assert, but
it is a dangerous misunderstanding. Most Americans actually believe that
the majority ought to rule; they do have a correct understanding of democracy,
but they mistakenly advocate it because that is what they have been taught
to do.

The biggest danger in a democracy is that
the very things that government is instituted to protect (liberty and property)
are in constant danger to the whim of the majority. In a democracy, when
a crisis occurs (whether real or manufactured), the majority calls for government
solutions. Then, when politicians answer that call and government grows
in size and influence over peoples’ lives, there is an equal and opposite
decrease in the amount of liberty and property maintained by the people.
20th century American history shows this process in action. Interestingly
enough, as the government gains more and more power, the majority actually
begins to lose its voice and the nation descends into oligarchy and ultimately
tyranny.

The only alternative for citizens who
want to keep their liberty and property unmolested by majorities or oligarchs
is the constitutional republic rule of law system. Our government was intended
to be such a system. The Federal Government has a job description laid out
clearly and concisely in a few-pages-long document. And, in case we didn’t
catch it on the first read through the Constitution, the 10th Amendment
reminds us that any powers not given to the Federal Government are reserved
to the states or the people. The obvious central concern of the Founding
Fathers in including this emphasis was to limit the amount of power that
the central government would be able to wield regardless of what man might
say.

The constitution was not meant to be read
as a collection of mere suggestions for governing. The language is clear:
“Congress has the power to…” etc. The literal rigidity
of the document itself was described well by Thomas Jefferson when he exclaimed,
“Let no more be said of confidence in man, but bind him down from
mischief by the chains of the Constitution.” The proverbial chains
of the rule of law are meant to bind men down from their wayward tendencies.

Once upon a time
in America, citizens and politicians alike had a constant concern for the
U.S. Constitution and the Bill of Rights; laws were written and executed
according to its mandates. Those were days when government was limited in
its function because the politicians knew that their job description was
limited indeed by the expressed powers of the Constitution itself. Those
were the days before the “elastic clause” had been stretched
to the moon and back. And, those were days when the liberties of the citizens
were top priority. Today, we would do well to remember that the law of the
land ought to rule and that people (politicians or majority opinion) can
only act according to that rule of law. If we continue to move simultaneously
toward democracy and oligarchy we will be disappointed to see that our future
belongs to tyranny. Some day each ignorant citizen will wake up to these
realities and will lament, as Woodrow Wilson did years after the creation
of the Federal Reserve System, “I have unwillingly ruined my government.”

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